Articles
Need For Gender Mainstreaming In Online Higher Education In India
Gender mainstreaming is a strategic approach that seeks to promote gender equality by including a gender viewpoint into every step of policy development, planning, and execution. This approach guarantees that the design, implementation, monitoring, and evaluation of policies and programmes in all sectors take into account the views and experiences of both women and men. The primary objective is to advance egalitarianism and counteract prejudice. Gender mainstreaming considers the distinct...
7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence
The Bhima Koregaon case, in which several activists and academicians have been incarcerated under the draconian Unlawful Activities(Prevention) Act 1967 over alleged Maoist links, raises a big question mark on India's civil liberties framework. The fact that the trial has not yet commenced for nearly six years makes one question the seriousness of the allegations concerning national security. Moreover, the doubts about the sustainability of the allegations are fortified by the repeated...
Clash Of Jurisdiction: Analysing The IBC-PMLA Conundrum
The Indian Bankruptcy Code (IBC) 2016 and the Prevention of Money Laundering Act (PMLA) 2002 are two separate laws that operate in their own specific areas. The IBC was created to clarify bankruptcy procedures and examine the possibility of restructuring companies to maximize the interests of all stakeholders. On the other hand, the PMLA has decided to deny the right of criminals to benefit from the assets obtained from illegal profits. In the landscape of contemporary legal frameworks in...
Specialised Arbitration And The Transformation Of Indian Dispute Resolution
Arbitration in the recent times has emerged as a promising solution for litigants struggling to get prompt assistance from the overwhelmed Indian Courts. The two types of Arbitration namely Ad Hoc Arbitration and Institutional Arbitration are most widely used to address disputes expeditiously between parties. Parties have the autonomy to choose the Arbitrators adjudicating their dispute in the Ad Hoc setting and to choose the Institution of their choice in the other. Arbitrations whether...
Role Of Conciliation In Industrial Disputes
Conciliation is one of the amicable methods of the alternative dispute resolution system (ADR) that helps resolve disputes among the parties without the intervention of the court, hence leading to speedy dispute resolution. This process is quite simple and cost-effective for the disputing parties. Here, parties appoint an independent person, i.e. the Conciliator with mutual consent to solve their dispute. This independent person does not act in a judicial capacity and does not hold the...
When The Accident Tells Its Own Story The Law Must Gear Up
The recent tragedy at Ghatkopar Mumbai is an accident that tells its own story of utter negligence towards human lives. On 13.05.2024 evening, a 120x120-foot hoarding collapsed on a petrol pump at Chheda Nagar in the Ghatkopar area of Mumbai due to gusty winds and unseasonal rains. At least 16 people have been killed in the incident, while 75 others were reportedly injured. According to the BMC, the collapsed hoarding stood on the Government Railway Police's (GRP) land. It is claimed that...
Need For Regulatory Oversight In India's Buy Now Pay Later Market
In the vast tapestry of the world, where dreams and aspirations interweave, there exists a profound imbalance, a poignant disparity that hampers the path to prosperity for millions. For many decades, the banking sector has contributed to the Indian economy by promoting financial growth and development, however, India happens to be one of the seven countries collectively accommodating 50% of the world's 1.4 billion adults who lack the access to formal banking. Precisely, a staggering 190...
Material Adverse Effect: Usage And Considerations
The collapse of the high-profile merger between Zee TV and Sony's Indian media assets have put the spotlight on “material adverse effect” (MAE) or “material adverse cause” (MAC) clause which is ubiquitously found in the transaction documents pertaining to mergers and acquisitions (M&A). If the newspaper reports are to be believed, Sony decided to pull the plug on the proposed merger because of certain events which could have a “material adverse effect” on the business of the merged...
The Art Of Deception: A Legal Examination Of Misleading Advertisements
Advertising plays an important role in the contemporary economy as it influences consumption and fashion market trends. Nevertheless, misuse is likely, where misleading advertisements may be viewed as a violation of consumer rights and unfair trade practices. Misleading adverts are materials that carry untruthful, deceptive, or inaccurate content aimed at confusing the customers who will then make uninformed decisions leading to possible adverse effects. " Section 2(1) of The Consumer...
From “Relevant” To “Global” Turnover: Examining The Basis For Penalty Under The Competition (Amendment) Act, 2023
In keeping with the principles outlined in the Competition Act of India, the Competition (Amendment) Act of 2023 marks a significant turning point in the legislative framework of managing market competition. This legislative transformation includes significant modifications to the assessment of penalties, reflecting a global trend that cuts across traditional jurisdictional lines. In the current context of rapidly advancing digitization and globalisation, the Competition Act of India,...
SEBI's Power Of Disgorgement: Analysing The Veeram Securities Order
In January, 2023, Whole Time Member (“WTM”) of the Securities and Exchange Board of India (“SEBI”) passed an order in the matter of Veeram Securities Limited (“Veeram Order”), wherein the noticees were held guilty for executing contra trades in violation of the SEBI (Prohibition of Insider Trading) Regulations, 2015 (“PIT Regulations”). The Order directed the noticees in this matter to disgorge the amount of profit made by them upon execution of contra trades and further imposed monetary...